Saturday, July 2, 2011

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longq

02-13 02:17 PM

Further division is not good.

I was on record that DOS/USCIS misallocated visas in 2005. India received much more in eb3 then what they were entitled to. In fact, India, China, Mexico and Phillipines should have not gone over their 7% as a whole of the 250,000 greencards available. Because of this; dos/uscis learned their lesson and started to follow the law appropriately.

I did say that if in 2006 any country went above their limit of 7% then it would cause a lawsuit which I would be a part of. However, there would be some negative outcomes from it. UScIS/DOS behaviour could only change going forward. They could revoke the greencards issued in 2005 for people who went over the 7% limit (uscis has upto 5 years to rescind greencard if approved by mistake) but they would not get re-allocated because there is no carryover from one year to the next in the current law. Only outcome would be to change it going forward. As I've said in the past; people were spoiled at the laziness of DOS/USCIS. Retrogression and the visa allocation should have happened a long time ago.

Again wrong information by you and trying to hide background or historical information. Either USDOS/USCIS has not mismanaged the numbers in 2005. Claiming India and China was given more than they entitled to is wrong . They (DOS) did everything right till 2005. Now only they are violating. One has to study the historical issues before 1999. Before 1999, both India and China (both EB2 and EB3) were retrogressed heavily and backlogged. However ROW was current in all EB catagories. There was no retrogression in ROW. It was always current before 1999.

As a part of AC21 act in 2000, the unused numbers (about 100,000) were recaptured to eliminate the backlogs in EB categories. The reason was this recapture to remove retrogression in India and China, as because that was only two countries backlogged at that point.

After that ac21 law, there were additional 100,000 visas available apart from 140,000 visas every year. DOS has given 100,000 additional visas to USCIS in 2000 itself to consume it. Because of USCIS slowness/inefficiency in processing 485s between 1999 and 2004, they even did not have processed the yearly quota. Therefore the recaptured visas were remain unused for 5 years because of USCIS inefficiency. Therefore, at some point, it has to be consumed. Therefore USCIS did backlog elimination drive in 2005 (6 months processing of 485s ) to use all the recaptured visas. The original intension to remove backlogs in India and China. That was done by USCIS. USCIS can not hold that recaptured numbers for ever (by imposing 7% limit in India and China) how the future demands will be in EB3-ROW. Far example, if ROW demands 200,000 EB3 visas in year 2020, USCIS/DOS can not hold that AC21 numbers (that were recaptured in 2000) for ROW to be consumed in 2020, by imposing 7% limit. No one can anticipate future demands.

Theoretically speaking those numbers belongs (AC21 recaptured numbers came only from EB1 and EB2 pool) belongs to EB1 and EB2 category. EB3 never gave any unused numbers in previous years. Ideally speaking, those numbers should have been issued to EB2 category first to eliminate backlogs in EB2 then only to EB3 ROW. Infact, all the ac21 numbers were used to eliminate retro in EB3 only. In 2005 they issed only 44,000 EB2 compare to about 150,000 visas in EB3. This is big injustice to EB2 India and China.

Bottom line is EB3-ROW is enjoying with the expense of EB2 India and China.

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crazydesi

05-29 03:55 PM

Meaning of

When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009.

May be that he is waiting for more people to jump from eb3 ship to eb2 ship.

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srkamath

07-23 07:03 PM

Source of information ?

From what i inferred from the text of the law, The 28.6% limits do apply to FB to EB spill overs, as the FB spillover from the prev FY is used to arrive at this year's EB limit.

The 28.6% limit cannot be applied to EB1 to EB2 to EB3 spillovers, because that would not make sense. From what i understood, if there are 10k spilling over from EB1 to EB2, then they all go to EB2 and are not shared 2860 each between Eb2 and Eb3.

Let me know if you agree with the above.

I also realized that, if ever there is a deluge of EB1 applications and it reaches the annual limit of 28.6%+(EB4+EB5)leftovers, then that's it for EB1 ! even if Eb2 orEB3 are undersubscribed! Ironic isn't it? Strange is the INA.

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sanju

04-15 07:58 PM

How about Simon for PM of India. This guy knows everything ahead of time -

IMO all this frisking and questioning at POE is nonsense. If SRK or anybody( including L1/H1/B1) was a security threat or matched a name check query, consulate should have done 2 hours of questioning before issuing the visa.

Why should a person considered a security threat be issued a visa let alone board the flight to USA ? Isn't he a security threat while he is flying ?

That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.

And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.

Say we have a case, then to go to the next step we need -

1.) Someone willing to take the initiative/lead 2.) Plaintiff 3.) Resources 4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.

How to find what we need to file lawsuit -

For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.

For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.

For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.

just to keep things clear - I am against this. I voted 'no'. I just complimented lazycis's enthu in my post and I strongly felt that if these folks are so interested, they can form a google group and move their discussions on there and did strongly feel that probably lazycis has the fire in him to lead :)

The problem lies with entire GC process being Employer-centric. Employee is just a pawn in the game. Employers can do whatever they want. The market test for LCA conducted by DOL itself is so ridiculous. How would a test conducted in 2002 be any relevant for a Greencard application that would be approved six or eight years from that date?

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walking_dude

02-13 02:16 PM

Are you even reading my posts?!

If visa numbers are increased along with elimination of country quotas ROW will not be impacted significantly. That's what has been posted a hundred times here. Yet, some of you refuse to see reason!

If IV succeeds ROW waiting times will also be significantly reduced due to combination of visa number increase and recapture. That should be the incentive for ROW.

Are you suggesting that IV's efforts would increase the wait times for ROW? What incentive does ROW have to work with IV then?

IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.

Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move

Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.

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sk2006

08-15 03:31 AM

SRK detained at US airport for being a Khan - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/SRK-detained-at-US-airport-for-being-a-Khan/articleshow/4896236.cms)

Guys we often discussed about facing problems at Port of entry. People being questioned for hours or rumors about people being sent back. I was surprised by reading this news today. This country is going crazy about stopping people just because their surname is "Khan" even if the person has travelled to US earlier. With experience i expect people to get smarter but these people are getting dummer.

Why should it be a surprise? How do PoE officers know if he is a film star in some foreign language movies? Even if they knew, why is SRK so special that he should not be checked?

There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?

That is one way to look at things. The important thing is, whether the Judge looks at the situation the same way. It will be tough job to convince the Judge. If you seek legal opinion from a lawyer, lawyers mostly tend to say that you have a case expecting that that lawyer will be the one filing the lawsuit (i.e. making the money). So be careful with the idea and advise from a lawyer.

And more importantly, even if 'we have a case', do we have folks who are willing to be plaintiff in this lawsuit. Are you or Googler or chandu (because he replied to my earlier posts suggesting that we will find someone to lead) willing to be the plaintiff, or are you encouraging others (putting the gun on other's shoulder to fire) to be the plaintiff. If you see that there is chance/value in filing lawsuit, why don't you decide to be the plaintiff? Either way, if you are a plaintiff or if you know someone who wants to be one, why don't you take this to IV team.

Say we have a case, then to go to the next step we need -

1.) Someone willing to take the initiative/lead 2.) Plaintiff 3.) Resources 4.) There maybe more that I am not able to think at this time, because I no experience of filing class action lawsuit.

How to find what we need to file lawsuit -

For (1.), I suggest someone willing to give out his/her name as plaintiff should contact IV. I saw that folks are discussing this on too, but that site is not a non-profit. That site is owned by some guy who is earning good money of off the ads on his site. He won't spend resources to file for lawsuit although he has made good money off of the woes of others tracking their green card case status. So the only viable option is to get IV involved.

For (2.), if you want to see this through, then, at least one of around 180 folks who voted for filing lawsuit should be willing to be the plaintiff. If not, then someone needs to make phone calls to find a possible plaintiff.

For (3.), as mentioned above, I don't know of any one organized effort other than IV to lead such an effort of a lawsuit.

your views are correct and analysis looks o.k. too the problem is even the genuine ones get flushed away ..survival of the fittest is not working now at all !!! say a person from worldwide comes in eb3 and say he is just a car mechanic (I know few from south korea who are in this situation) ..they get GC faster than Indian / Chinese EB2 / EB3 applicant (with 10 years experience and good bank balance) and Karma means ..do your work / duty and don't worry about results ..we need that ..i.e SEVERAL SMALL Campaigns (since big is not possible now due to members leaving IV / getting dejected that nothing is happening etc etc let us not analyze and discuss too much ..we talk a lot and hence the karma that we get is more talk from so called Experts ..lets do numerous small campaigns ..at the very least people will start coming back to IV plus new memberships again people are discussing the past and getting stuck in it and my post gets buried ..friends are you listening ??? enough talk !!!!!

I do not know why the bulletin is so conservative about the EB2-I estimates for the year 2010 (March/April 2006)?

The reason I am saying this is the initial estimate they gave for EB2-I in Jan '10 bulletin is Feb/March 2005.

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PlainSpeak

01-14 08:17 AM

to some of your points, but is the response from amitjoey not enough to understand why PlainSpeak's view won't work ?

amitjoey response is good, correct, to the point and more civil than any one else. As you said there are more silent readers who if don't see amitjoey's response will consider IV is trying to do something wrong by harsh response (through their senior members/donors). Just read all comments except amitjoey's the thread will give different view (-ve to IV forum).

When some one reads uncivilized comments they don't just think bad about the person but also get -ve impression about the forum. You are missing important point, just because some one wants to give comments so that silent readers find abt people like plainspeak/gcperm but in reality it works just against the forum nothing else.

And when we want to create a professional forum for a reason/cause, as a forum member we need to maintain some professionalism in our comments. If anyone find any thread is not appropriate respond perfectly like amitjoey or report it to moderator.

As a new member (joined just 2008 and read only reasonable threads) I never know someone GCPerm and anything about his/her good/bad threads. So, it doesn't add any value if senior members fighting on who is who.

I am speaking for benefit of this forum which will benefit every person who join/participate. But if a member doesn't bother or care about what kind of -ve impression they are leaving then what is the real benefit of having that member. Just because that member don't care about having more members doesn't reflect the forum core members view.

You don't agree to my views but your response is nice and civilized and that is what I am talking about. I would say amitjoey's way of response (so do your response to my comment) would help both PlainSpeak and every members who reads the thread to understand what is good/bad for us as group.

One thing I disagree is your rough reality, in the name of rough reality we don't have to write rough wording in a forum where we need more people to join for a cause. You may not want any more member but I don't think that could be the case with IV core members. Why, mostly (not all) people who are in this forum will stop working for the forum after getting GC and we always need new members (may be 1 in 10000) who will add value to the forum.

And I haven't responded to PlainSpeak because I have no knowledge about that topic and I am still understanding/learning it. Also amitjoey's response is more than enough which is civilized and perfect (at least to me). Unless I have something to add to his point I can just keep quiet instead of leaving -ve impression abt the forum.

For any cause as a group we can fight with violence (uncivilized) and without violence (civilized). There is always people for both approach, but as a forum member we need to follow the core members way rather than our own way. And part of user registration we all agree to the terms and one of it is "By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws."

I had my own experience in this forum about hateful comments towards me by a senior member/donor. But that particular thread got removed because of so much hateful comments. Once we start accepting hateful comments it won't stop at any level and the forum will be filled with hateful comments. If you feel some thread/comment is not good better respond properly or report to moderator. Why we need to fill this forum with hateful comments when we have tools to avoid it. My Friend ActAccord thank for saying things the way they are. And i am especially thankfull for the fact that you made it clear that you do NOT yet have an opinion on on topic at hand. People should discuss the pros and cons of any idea and come up with an approach based on that discussion.

From where i am standing i do not see you as a junior member. I am sure that maybe sometime down the line you and i might be on the opposite sides of a discussion and may not agree on an approach but we would still have respect for each others dedication to their point of view.

Now if you have been on this forum for sometime now you know what is going to happen next when everyone wakes up and reads your first post. You will have all these so called senior member (nothing senior about them) and junior members who will come at you from all sides with both fists swinging and abuses so brace youselves and give a fitting reply to anyone who disses you just like how you did to GreyHair down below

Because no other indian guy will call tamil as arava...In fact we hear it for the first time and no one knows or cares what it means.

That is not a Sri Lankan word either. That is the first time I heard it myself.

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BharatPremi

12-14 02:38 PM

Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?

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Macaca

06-28 08:24 PM

As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.

Not all numbers for 2007. Only numbers that were left before June 1st.

How many numbers are for EB-2 (India)? I think 2800.

nfinity

07-03 04:41 PM

Dear Senator,

After having spent thousands of dollars in legal counsel, medical tests, documentations, affidavits and many days of hurried preparation to file adjustment of status (AOS) for my green card application, USCIS has pulled a fast one me and the legal high skilled community.

On June 13th 2007, Department Of State indicated visa availability for all applicants starting July 1st causing thousands of prospective legal high skilled immigrants to prepare their applications only to be surprised on the very first day (July 2nd) with rejections due to apparent exhaustion of existing visas.

This unprecented and possibly illegal action on part of USCIS, has left high skilled immigrants like myself in a limbo. We are wondering what we have done to be wronged in this way. I am a law abiding, tax paying resident contributing to the economy.

Please help us in overcoming this situation. We definetly do not deserve such treatment for having followed the law in the land of opportunity on the eve of independence day.

Thank You,

Sincerely,

santb1975

02-13 04:16 PM

This is my first post which was not positive. I am backing up :). I am proud to be part of IV. I beleive in this cause.

Buck up :) We all go through it. I never take it personally. I would definitely be happy if more and more members come forward and help, instead of "missing in action" when needed most.

We would be really happy if new members come up and take initiatives (i am now keeping my messages positive :) ) , more active members, more strength.

participation is contigeous, all we need is some self motivators and self starters to kindle the fire.